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HomeMy WebLinkAbout2002_2_6_Local_Law_No_4 Local Law No. 4 -2002 This local law shall be known as the "The Amendment of Local Law No. 4-1998 "Law. Section 1 - Purpose: The purpose of this local law is to modify one section of Local Law No. 4 - 1998 ("LL 4 -98") and to recodify another section of it. As it currently exists, section 4 of LL 4- 98 exempts pre- existing food - related retail uses from its provisions. In the judgment of the Town Board, there no longer is a need for such a broad exemption nor is such an exemption in the best interests of the Town of Mamaroneck. On the other hand, the Town Board believes that it would be unfair to require food-related retail uses which were operating their businesses during the hours after midnight and before 6:00 a.m. on the effective date of LL 4-98 (i.e. April 13, 1998) to conform to the hours of operation contained in LL 4-98. Therefore, such uses should be afforded an exception from that provision of LL 4-98. Section 5 of LL4 - 98 contains specific penalties for violation of LL4 - 98. Section 5 was not given a specific alphabetical or numerical designation so that it could appear as a separate section or paragraph in the Code of the Town of Mamaroneck however. Instead the publisher of the Codebook has included it as a footnote which only serves to confuse persons researching the Town's laws. This Local Law corrects that oversight by giving section 5 of LL4 - 98 a specific numerical designation within the Code of the Town of Mamaroneck. Section 2 - Repeal of Blanket Exemption: Section 4 of Local Law No. 4 - 1998 is repealed. Section 3 -Enactment of Limited Exemptions: Section 240-30C. of the Code of the Town of Mamaroneck shall be amended as follows: 240-30C. Except for food-related retail uses that satisfy the criteria of section 24030 E., the hours of operation for all food-related retail uses listed below shall be limited to the hours between 6:00 a.m. and midnight, unless federal or state law controls the hours of operation for such use. Section 240-30 of the Code of the Town of Mamaroneck shall be amended by adding the following paragraph: 240-30 E. Any food-related retail use which regularly conducted such business prior to April 14, 1998 shall not be required to limit its hours of operation to the hours between 6:00 a.m. and midnight but can continue to operate such business during the hours that it was conducting such business as of April 13, 1998; provided, however, if such food related retail use ceases to be a food-related retail use for a period of one (1) or more years, the hours of operation of any food-related retail use which may commence operation at that site thereafter shall be limited to the hours between 6:00 a.m. and midnight, unless federal or state law controls the hours of operation for such use. Section 240-31 (7) (a) of the Code of the Town of Mamaroneck shall be amended as follows: 240-31 (7) (a) Except for a restaurant which regularly conducted such business prior to April 14, 1998, the hours of operation for all restaurants shall be limited to the hours between 6:00 a.m. and midnight, unless federal or state law controls the hours of operation for such use. Any restaurant which regularly conducted such business prior to April 14, 1998 shall not be required to limit its hours of operation to the hours between 6:00 a.m. and midnight but can continue to operate such business during the hours that it was conducting such business as of April 13, 1998; provided, however, if such restaurant ceases to be a restaurant for a period of one (1) or more years, the hours of operation of any restaurant that may commence operation at that site thereafter shall be limited to the hours between 6:00 a.m. and midnight, unless federal or state law controls the hours of operation for such use. Section 4 - Recodification of the Section Establishing Penalties: Section 240-88 of the Code of the Town of Mamaroneck shall be amended by adding the following paragraph: C. Any person, corporation, partnership or entity that establishes, constructs or installs any building, improvement, structure, or conducts or operates any land use in violation of sections 240-25 D, 240-30, 240-31, or 240-32.1 A of the Code of the Town of Mamaroneck shall be guilty of a violation, and upon conviction, subject to a penalty of up to $250.00 for each day that such violation continues to exist. Nothing herein shall be construed to limit the authority of the Town to seek and obtain injunctive relief for any violation of this law. Section 5 - Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provision. Section 6 - Effective Date: This Local Law shall become effective upon filing with the Secretary of State.